Can i appeal a trial by written declaration decision instead of requesting a trial de novo?

Asked over 2 years ago - Fresno, CA

I filed a TWD with supporting evidence and it was received on March 18, 2012. I was also found guilty on March 18, 2012. I think this shows that there was not even a statement required from the CHP that issued the ticket. Instead of driving 200 miles to for a new court case, which seems very likely to have the same ending, can I just file an appeal regarding the TWD? I believe the court did not follow the law when the found me guilty without any statement from the officer. I was very careful not to incriminate myself in my TWD.

Thank you,

Attorney answers (3)

  1. Christopher Scott Malloy

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . If you think there was no statement from the officer, you can contact the court and get a copy of the officer’s declaration from the court file. Then you can use information to prepare for your trial de novo.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The officer must have responded or you would have been found not guilty. You must have a trial de novo to appeal.

  3. Hadi Edward Ramsey

    Contributor Level 13

    Answered . You will need to hire an attorney. Otherwise, your chances of winning pro per is very low. Good luck.

    ATTORNEY DISCLAIMER TO THE ABOVE ANSWER: The information that I have provided to you is for general information... more

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